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Special Town Meeting |
Town
Clerk Doug Johnstone convened Town Meeting at 6:00 p.m. pursuant to MGL C.39,§14, and opened nominations for
election of a Temporary Moderator for the April 4, 2005 Special Town
Meeting due to the resignation of the Town Moderator on February 28, 2005.
Burt Wolfman
nominated Roslyn Garfield. Gary Reinhart nominated Christopher Snow. Mr. Snow declined to accept the position of
Temporary Town Moderator if elected in deference of Ms. Garfield’s experience. Alix Ritchie moved to elect Roslyn Garfield
for the position of Temporary Town
Moderator by acclimation. Roslyn Garfield elected by majority vote
to serve as Temporary Town Moderator for the duration
of said Special Town Meeting and so sworn by Town Clerk
Doug Johnstone.
Temporary Town
Moderator Roslyn
Garfield introduced a video of Provincetown
Poet Laureate Stanley Kunitz to open Town Meeting with his poem, Indian
Summer At Land's End.
(1)
Cheryl Andrews moved that the Town vote to
waive the reading of the warrant.
Motion
Passed.
(2)
Cheryl Andrews
moved that the Town vote to grant
permission to speak at the April 4, 2005 Special Town Meeting to the following
persons who are not registered voters of the Town of Provincetown:
Motion
Passed.
(3)
Cheryl Andrews moved that on all matters to
come before the April 4, 2005 Special Town Meeting, requiring a two-thirds vote
by statute, that a count need not be taken unless the vote so declared is
immediately questioned by seven or more registered voters.
Motion
Passed.
Article 1.
Conveyance of 2.2-acre Care Campus Site to New England Deaconess
Association. To see if the Town will
vote to transfer from the Board of Selectmen for municipal nursing home purposes
to the Board of Selectmen for the purpose of conveyance the parcel of approximately 1.1 acres of land with the existing
nursing home thereon known as the Cape End Manor, having an address of 100
Alden Street (the CEM Parcel), and will authorize the Board of Selectmen
to convey to the New England Deaconess Association (NEDA) the fee ownership
interest in the Cape
End Manor Care Campus
Site, so-called, having
of a total of approximately 2.2 acres as shown
on a plan entitled,
“Plan of Cape End Manor and Portion of St. Peter’s Cemetery” dated
August 4, 2004, which plan is on file in the office of the Town Clerk,
comprised of a portion of the two parcels of land
that, together, are known as the St. Peter’s Cemetery, identified on Assessors
Map as 08-2-027 and 08-2-024, having an address of 124 Alden Street and 116
Alden Street, respectively, the portion to be conveyed being the parcel of
approximately 1.1 acre to be acquired from the Diocese of Fall River as approximately
shown on said plan, and comprised also of the CEM Parcel hereinbefore referenced,
such parcels to be conveyed subject to a restriction or charitable
trust which shall provide that said land shall be used for medical care purposes,
which may include a continuing care retirement community consisting of an
independent living facility, an assisted living facility and a skilled nursing
facility and pursuant to an agreement between the Town and NEDA that shall
provide that the payments in lieu of taxes that NEDA has offered to make to the Town
in perpetuity shall be paid to and held in trust by the Community Preservation
Committee for community housing purposes, or take any other action relative
thereto.
[Requested by the
Board of Selectmen, the Town Manager,
and the Cape End Manor Board of Directors]
FINANCE COMMITTEE RECOMMENDS: 9-0-0
BOARD OF SELECTMEN RECOMMENDS: 4-0-1
COMMUNITY PRESERVATION COMMITTEE RECOMMENDS: 7-0-0
CAPE END MANOR BOARD OF DIRECTORS RECOMMENDS: 5-0-0
DISABILITY COMMISSION
RECOMMENDS: 4-0-0
Mary-Jo
Avellar moved
that the Town vote to approve Article 1 as printed in the warrant.
Motion Passed. (2/3rd’s
Vote Declared)
Article 2.
Care Campus: $1.9-million in Community Preservation
Funds for Community Housing Restriction. To see if the Town
will vote to authorize the Board of Selectmen to acquire by purchase for affordable
housing purposes, pursuant to the Community Preservation Program, an affordable
housing restriction or restrictions encumbering the Cape
End Manor Care Campus
Site, so-called, comprised of a
total of approximately 2.2 acres of land with improvements thereon
as shown on a plan entitled, “Plan of Cape End Manor and Portion of St.
Peter’s Cemetery” dated August 4, 2004, which plan is on file in the office
of the Town Clerk, that the affordable housing restriction(s) shall provide
in perpetuity or for the longest period permitted by law that at least one
unit per $100,000 payment, restricted to occupancy by persons over 62 years of
age, shall be developed and made available to low-income households, with
local preference for occupancy of such affordable units to be required in
accordance with the Board of Selectmen’s policy adopted September 8, 2003,
as it may be amended, and further that the affordable housing restriction(s)
be accepted by the Town of Provincetown acting by and through its Board of
Selectmen under the provisions of G.L.
Chapter 184, §§31-32, and that the Board of Selectmen is authorized to
apply for and accept gifts and grants for the purpose of this acquisition
in order to reduce the amount needing to be borrowed under this article, and
that the Board of Selectmen is authorized to enter into all agreements and
execute any and all instruments as may be necessary on behalf of the Town
to effect said purchase and apply for and accept such gifts and grants, and
as funding therefor to appropriate by transfer from the Community Preservation
Fund and/or borrow the sum of $1,900,000 pursuant to G.L. c. 44B or any other
general or special law for said purchase, and to authorize the Treasurer,
with the approval of the Board of Selectmen to borrow a sum of money in anticipation
of revenue of $1,900,000 pursuant to said Chapter 44B and pursuant to G.L.
Chapter 44 Section 7 (3) or any other enabling authority, for the cost of
said acquisition net of any gifts or grants that are received; or take any
other action relative thereto.
[Requested by the
Community Preservation Committee, the Board of Selectmen,
the Town Manager, the Cape End Manor
Board of Directors]
FINANCE COMMITTEE RECOMMENDS: 9-0-0
BOARD OF SELECTMEN RECOMMENDS: 4-0-1
COMMUNITY PRESERVATION COMMITTEE RECOMMENDS: 7-0-1
CAPE END MANOR BOARD OF DIRECTORS RECOMMENDS: 5-0-0
Michele
Couture moved
that the Town vote to approve Article 2 as printed in the warrant.
Motion Passed. (2/3rd’s Vote
Declared)
Article 3.
Cape End Manor Care
Campus Land Exchange Expenses: To see if the Town will vote to appropriate and borrow
the sum of $150,000 to be expended under the direction of the Town
Manager and the Board of Selectmen to carry out the provisions of the land
exchange and development agreement between the Town of Provincetown and the Roman Catholic Bishop of Fall River
dated August 11, 2004, and costs related thereto,
including the demolishing of the cinderblock storage building currently located on
the Diocese Exchange Parcel, and construction of a new building, with utilities, at another location
on the remaining Cemetery Property approved by the Diocese; or to take any other action relative thereto.
[Requested by the Board of Selectmen and the Town
Manager]
FINANCE COMMITTEE RECOMMENDS: 8-1-0
BOARD OF SELECTMEN RECOMMENDS: 4-0-1
CAPE END
MANOR BOARD OF DIRECTORS RECOMMENDS: 5-0-0
Borrowing: 2/3’s vote required under MGL C.44
Sarah Peake
moved that the Town vote to appropriate
and borrow the sum of $140,000 to be expended under the direction
of the Town Manager and the Board of Selectmen to carry out the provisions
of the land exchange and development agreement between the Town of Provincetown
and the Roman Catholic Bishop of
Fall River dated August 11, 2004, and for the payment of all other costs incidental
and related thereto; and that to meet this appropriation, the Treasurer, with
the approval of the Selectmen, is hereby authorized to borrow said amount
under and pursuant to Chapter 44, Section 7(3) of the General Laws, and to
issue bonds or notes of the Town therefor.
Motion Passed. (2/3rd’s
Vote Declared)
Article 4.
Stabilization Fund
Appropriation. To see if the Town will vote
to raise and appropriate a sum of money
to establish a Stabilization Fund pursuant to
MGL C.40, §5B, or to take any other action relative thereto.
[Requested by the
Board of Selectmen and the Town Manager]
FINANCE COMMITTEE RECOMMENDS: 8-0-0
BOARD OF SELECTMEN RECOMMENDS: 5-0-0
Cheryl
Andrews moved
that the Town vote to raise and appropriate the sum of
$418,000 to establish a Stabilization
Fund pursuant to MGL C.40, §5B.
Motion Passed. (2/3rd’s
Vote Declared)
Article 5.
Acquire Peters Subdivision
in Truro for Wellhead Protection. To see if the Town will
vote to authorize the Board of Selectmen to acquire by purchase for water
supply protection purposes, pursuant to the Community Preservation Program,
the fee simple interest in 4.23 acres, more or less, of land, with improvements
thereon, in the Town of Truro located off Route 6, consisting of the land
shown as Parcel A, containing 2.66 acres and including the land known as Clarks
Road, and the land shown as Parcel B, containing 0.81 acres, on the plan entitled
“Subdivision Plan of Land in Truro Owned By Flora N. Peters,” dated
May 1956, recorded with the Barnstable County Registry of Deeds in Plan Book
129, Page 43 and being Parcel IV and Parcel V in the deed to Mark N. Peters
dated May 13, 1993, recorded with said Deeds in Book 8582, Page 294, and also
including the land with improvements shown as Parcel C, containing 0.76 acres,
on said plan being described in the deed to Mark N. Peters and Jane H. Peters
recorded with said Deeds in Book 9055, Page 113, and further that the deed
of said land be accepted by the Town of Provincetown acting by and through
its Water and Sewer Board under the provisions of G.L. Chapter G.L. c.40,
§39B, and that the Board of Selectmen and the Water and Sewer Board are authorized
to enter into all agreements and execute any and all instruments as may be
necessary on behalf of the Town to effect said purchase, and as funding therefor
to borrow the sum of $1,110,500 pursuant to General Laws Chapter 44B, General
Laws Chapter 44, Section 8(3), or any other general or special law for said
purchase, and to authorize the Treasurer, with the approval of the Board of
Selectmen to borrow said sum in anticipation that the debt service on $750,000
of said amount shall be paid from Community Preservation Fund revenues, and
that the debt service on $365,000 of said amount shall be paid from Water
Enterprise Fund Revenues, and further, that the Board of Selectmen is authorized
to convey a permanent conservation restriction meeting the
requirements of Massachusetts General Laws Chapter
184, Sections 31-32, as required by Massachusetts General Laws, Chapter
44B, Section 12, limiting the use of said land to the purpose for which
it is to be acquired; or take any other action thereon.
[Requested by the Community Preservation Committee,
the Board of Selectmen,
the Town Manager, and the Water &
Sewer Board]
COMMUNITY PRESERVATION COMMITTEE RECOMMENDS: 8-0-0
FINANCE COMMITTEE RECOMMENDS: 9-0-0
BOARD OF SELECTMEN RECOMMENDS: 5-0-0
WATER & SEWER BOARD RECOMMENDS: 3-0-0
Cheryl
Andrews moved
that the vote to approve Article 5 as printed in the warrant.
Motion Passed.
(2/3rd’s Vote Declared)
Article 6.
Conveyance of PHS Annex property, 5 Holway
Avenue, Non-Profit Marine-related
purposes including educational component.
To see if the Town will
vote subject to G.L. c. 40, §15A, to transfer the PHS Annex property at 5
Holway Avenue, comprised of 0.3 acres, more or less (Assessor’s Map 07-4-065-A)
from the School Committee, to the Board of Selectmen, to be held for the purposes
of conveyance pursuant to G.L. c. 30B, §16 or any other applicable provisions
of law, on such terms and conditions as the Board of Selectmen deem to be
in the best interests of the Town, provided that said conveyance shall be for a minimum consideration
of $800,000, shall include existing appurtenant footpath
and driveway easements, and shall reserve to the Town any interest in the
septic system easement currently held by the Town, and provided further,
that the proceeds from said conveyance shall substantially reduce or eliminate
the School Department’s debt service obligation pursuant to the vote under
Article 7 of the April 1, 2002 Special Town Meeting which provided that half
of the local debt service cost for the SBA-reimbursable PHS and VMES school
building projects “shall be paid from the school department through one or
more of the following ways . . . (3) the sale or lease of the annex;” or take
any other action relative thereto.
[Requested by the Board of Selectmen, the School
Committee, and the Town Manager]
FINANCE COMMITTEE RECOMMENDS: 8-0-0
BOARD OF SELECTMEN RECOMMENDS: 4-1-0
SCHOOL COMMITTEE RECOMMENDS: 5-0-0
Sarah Peake moved that the Town vote subject
to G.L. c. 40, §15A, to transfer the PHS Annex property at 5 Holway Avenue,
comprised of 0.3 acres, more or less (Assessor’s Map 07-4-065-A) from the
School Committee, to the Board of Selectmen, to be held for the purposes of
conveyance pursuant to G.L. c. 30B, §16 or any other applicable provisions
of law, and to authorize the Board of Selectmen to convey to the Provincetown
Center for Coastal Studies on such terms and conditions as the
Board of Selectmen deem to be in the best interests of the Town, provided
that said conveyance shall be for a minimum
consideration of $800,000, shall include
existing appurtenant footpath and driveway easements, and shall reserve to
the Town any interest in the septic system easement currently held by the
Town, and provided further, that
the proceeds from said conveyance shall substantially reduce or eliminate
the School Department’s debt service obligation pursuant to the vote under
Article 7 of the April 1, 2002 Special Town Meeting which provided that half
of the local debt service cost for the SBA-reimbursable PHS and VMES school
building projects “shall be paid from the school department through one or
more of the following ways . . . (3) the sale or lease of the annex.”
Motion Passed. (2/3rd’s Vote Declared)
Article 7. Apply PHS Energy Rebate
to Reduce SBA Debt Service. To see if the Town will vote to transfer from the Reserve
for Appropriation Account the $75,000 energy rebate from the Cape Light Compact
for electrical improvements made to Provincetown High School, said sum to be used to reduce
the debt
service obligation pursuant to the vote under Article 7 of the April 1, 20022 Special Town Meeting which provided that half of
the local debt service cost for the SBA-reimbursable PHS and VMES school building
projects “shall be paid from the school department through one or more of
the following ways . . . (4)
other options that may arise;” or to take any other action relative thereto.
[Requested by the Board
of Selectmen, the School Committee, and the Town Manager]
FINANCE COMMITTEE RECOMMENDS: 9-0-0
BOARD OF SELECTMEN RECOMMENDS: 5-0-0
SCHOOL COMMITTEE RECOMMENDS: 5-0-0
Sarah Peake moved that the Town vote
to approve Article 7 as printed in the warrant.
Motion
Passed.
Article 8.
Increase Length of Borrowing
from 10 to 20 years for SBA-Reimbursable School Building
Improvements. To see if the Town will vote to amend its vote
under Article 7 of the April 1, 2001 Special Town Meeting by increasing the
length of borrowing authorized thereunder from 10 to 20 years, so that said
article reads as follows: “voted to appropriate and borrow the sum of $7,000,000, to be expended under the
direction of the School Building Committee, which has been appointed by the
School Committee, for the purpose of providing rehabilitated and renovated
facilities for the Provincetown Public Schools, including Provincetown High
School on Winslow Street and Veteran’s Memorial Elementary School on Mayflower
Lane, and including, but not limited to, design services, construction bids,
and reconstruction, rehabilitation, remodeling, and renovation of such facilities
and for other expenses related thereto and, that to raise said appropriation
the Treasurer, with the approval of the Board of Selectmen, is hereby
authorized to issue bonds and/or notes of the Town therefore, pursuant to
Chapter 44 of the General Laws or any other enabling authority for a period of tenten
[Requested by the School Committee]
SCHOOL COMMITTEE RECOMMENDS: 5-0-0
FINANCE COMMITTEE RESERVES RECOMMENDATION
BOARD OF SELECTMEN RECOMMENDS INDEFINITE POSTPONEMENT:
5-0-0
Burt
Wolfman moved
that the Town vote to amend its vote under Article 7 of the April 1, 2001
Special Town Meeting by increasing the length of borrowing authorized
thereunder from 10 to 20 years, so that said article reads as printed in the
warrant
Cheryl
Andrews moved to indefinitely postpone Article 8
Motion to Indefinitely Postpone Passed.
FINANCIAL
ARTICLES
Article 9.
Semi-Annual Property
Tax Bill. To see if the Town will vote to revoke its acceptance
of G.L. c.59, §57C for purposes of establishing quarterly tax payments, and
accept G.L. c.59,
§57C for the purpose of establishing semi-annual tax payments, or take
any other action relative thereto.
[Requested by the Town Manager and the Board
of Selectmen
and the
Town Manager]
FINANCE COMMITTEE RECOMMENDS: 9-0-0
BOARD OF SELECTMEN RECOMMENDS: 5-0-0
Richard Olson moved that the Town vote to revoke its acceptance
of G.L. c.59, §57C for purposes of establishing quarterly tax payments, and
accept G.L. c.59, §57C for the purpose of establishing semi-annual tax
payments.
Motion
Passed.
Article 10.
FY 2005 Budget
Adjustments. To see if the Town will vote as follows relative to
the Fiscal Year 2005 operating budgets established under Article 2 of the April 7, 2004
Annual Town Meeting:
|
To reduce the
following appropriations |
|
|
|
|
135-A |
Town Accountant |
$ 37,500 |
|
|
136-A |
Information Systems |
10,000 |
|
|
169-A |
Licensing |
1,880 |
|
|
299-A |
Parking |
25,000 |
|
|
421-A |
DPW Administration |
14,200 |
|
|
431-B |
DPW Solid Waste |
15,000 |
|
|
439-B |
Waste Disposal |
8,000 |
|
|
511-A |
Health |
3,400 |
|
|
525-A |
Cape End Manor |
200,000 |
|
|
910-B |
Insurance Budget |
100,000 |
|
|
|
Sub-total |
|
$ 414,980
|
|
To increase the
following appropriations |
|
|
|
|
135-B |
Town Accountant |
$ 12,000 |
|
|
141-B |
Assessors |
40,000 |
|
|
145-A |
Treasurer |
1,720 |
|
|
151-B |
Legal Services |
55,000 |
|
|
192-A |
DPW Bldgs &
Grounds |
2,200 |
|
|
192-B |
DPW Bldgs &
Grounds |
23,000 |
|
|
210-A |
Police |
115,000 |
|
|
240-A |
Inspectors |
5,380 |
|
|
296-A |
Shellfish |
1,300 |
|
|
431-A |
DPW Solid Waste |
10,000 |
|
|
422-A |
DPW Highway |
8,000 |
|
|
423-B |
DPW Snow & Ice |
133,820 |
|
|
450-A |
Water Enterprise
(Article 3) |
6,000 |
|
|
541-A |
Council on Aging |
1,560 |
|
|
|
Sub-total |
|
$ 414,980
|
or to take any
other action relative thereto.
[Requested
by the Town Manager]
FINANCE COMMITTEE RECOMMENDS: 9-0-0
BOARD OF SELECTMEN RECOMMENDS: 4-0-1
Keith Bergman moved that the Town vote to
approve Article 10 as printed in the warrant.
Motion Passed.
Article 11. Fund Collective Bargaining Agreements. To
see what sums the Town will vote to raise and appropriate or transfer from
available funds to fund collective bargaining agreements reached with AFSCME
Council 93, Local 1462, Town-wide Unit “A”; AFSCME Council 93, Local 146, Cape
End Manor Unit “B”; the Provincetown Police Labor Federation/IBPO Local 610;
and the Provincetown Police Superior Officers’ Association/IBPO; or to take any
other action relative thereto.
[Requested by the Town Manager]
FINANCE COMMITTEE RECOMMENDS INDEFINITE
POSTPONEMENT: 9-0-0
BOARD OF SELECTMEN RECOMMENDS INDEFINITE POSTPONEMENT:
5-0-0
Keith Bergman moved that the Town vote to
indefinitely postpone action on Article 11.
Motion Passed.
Article 12. Massachusetts Highway Department Chapter 90 Funds
for Road and Sidewalk Construction and Repairs. To see if the Town will
vote to appropriate from funds available from the Massachusetts Highway
Department the sum of $82,907 for the undertaking of road and sidewalk
construction and repairs under the provisions of Section 34(2)(a) of Chapter 90
of the General Laws, or to take any other action relative thereto.
[Requested by the Board of Selectmen
and the
Town Manager]
FINANCE COMMITTEE RECOMMENDS: 9-0-0
BOARD OF SELECTMEN RECOMMENDS: 5-0-0
Michele
Couture moved
that the Town vote to appropriate from funds available from the Massachusetts
Highway Department the sum of $82,907 for the undertaking of road and sidewalk
construction and repairs under the provisions of Section 34(2)(a) of Chapter 90
of the General Laws.
Motion Passed.
Article 13. Extension of SEMASS Solid Waste Disposal Agreement. To see if the Town
will vote to authorize the Board of Selectmen to exercise the option to extend
the Original Term of the Waste Acquisition Agreement (the “Agreement”) with
SEMASS Partnership dated January 1, 1985 from the initial termination date of
January 1, 2008 to the extend termination date of January 1, 2015 as provided
in the Agreement, and subject to the terms and conditions of said agreement, or
take any action relative thereto.
[Requested by the Board of Selectmen
and the Town
Manager]
FINANCE COMMITTEE RECOMMENDS: 9-0-0
BOARD OF SELECTMEN RECOMMENDS: 5-0-0
Michele
Couture moved
that the Town vote to authorize the Board of Selectmen to exercise the option
to extend the Original Term of the Waste Acquisition Agreement (the
“Agreement”) with SEMASS Partnership dated January 1, 1985 from the initial
termination date of January 1, 2008 to the extend termination date of January
1, 2015 as provided in the Agreement, and subject to the terms and conditions
of said agreement.
Motion
Passed.
Article 14.
Wastewater Design/Implementation. To see
if the Town will vote to amend its vote under Article 4, Item 7 of the April
7, 2004 Annual Town Meeting, which voted “to appropriate and borrow the sum of $200,000, to be expended
under the direction of the Director
of Public Works for the development of Phase II plans and specifications for
construction of an expansion to the Town’s sewerage systems, and including
without limitation all costs defined under C.29C,§1 of the General Laws” to include also design and construction of so-called red dot delay
properties and costs related thereto, and to initiate and, pending approval of the state Department
of Environmental Protection, fund a study and pilot program for the disposal
of septage at the Provincetown wastewater treatment plant supervised by the
Sewer Team with Woodard & Curran, or to take any other
action relative thereto.
[Requested by the Board of Selectmen and the Town
Manager]
FINANCE COMMITTEE RECOMMENDS: 9-0-0
BOARD OF SELECTMEN RECOMMENDS: 5-0-0
CONSERVATION COMMISSION RECOMMENDS:
5-0-0
BOARD OF HEALTH RECOMMENDS: 3-0-0
Richard Olson moved that the Town vote to
approve Article 14 as printed in the warrant.
Barbara
Rushmore moved to amend Article 14 eliminate the words “fund a study and pilot program for the disposal of septage at the Provincetown wastewater treatment plant supervised
by the Sewer Team with Woodard & Curran.”
Amendment Does Not Pass.
Motion Passed. (2/3rd’s Vote Declared)
Article 15. Wastewater System Monitoring/Enforcement. To see if the Town will vote to amend its vote
under Article 29 of the April 7, 2004 Annual Town Meeting, which raised and
appropriated the sum of $20,000 “to initiate and, pending approval of the state
Department of Environmental Protection, fund a study and pilot program for the
disposal of septage at the Provincetown sewage treatment plant supervised by
the Sewer Team with Woodard & Curran” so that the purpose of said article
instead reads as follows: “$20,000 to be expended under the direction of the
Board of Selectmen and the Town Manager for expenses associated with monitoring
the operation and maintenance of the wastewater system, including enforcement
of rules and regulations adopted by the Water & Sewer Board and the Board
of Health relative to properties connected to the wastewater system, and costs
related thereto,” or to take any other action relative thereto.
[Requested by the Board
of Selectmen and the Town Manager]
FINANCE COMMITTEE RECOMMENDS: 9-0-0
BOARD OF SELECTMEN RECOMMENDS: 5-0-0
CONSERVATION COMMISSION RECOMMENDS: 5-0-0
Richard Olson moved that the Town vote
to approve Article 15 as printed in the warrant.
Mark Baker moved to amend
Article 15 by adding the words “by the Town’s Health Agent” in monitoring the operation and maintenance of the wastewater system.
Amendment Does Not Pass.
Motion Passed.
Mary-Jo Avellar moved
to dissolve Special Town Meeting.
Motion
Passed.
Special
Town Meeting dissolved at 8:25 p.m. on Monday April 4, 2005.